( 51 ) THE next question which was pressed by the counsel for the petitioners with great emphasis was that the agenda being restricted to the matters mentioned therein and the question of resignation of the President was not included in the agenda, it was not open to the Council to consider that resignation. Reliance was placed on an ancient judgment of House of Lords in William Smyth v. Henry G Farran Barley (2 H. L. C. 789-9 English Reports 1293 ). (6) This case of 1849 had the approval of the Privy Council in Radha Kishan Jaikishan and others v. Municipal Committee. Khandwa (AIR 1934 P C 627 (7) where the following observations of Lord Campbell were specifically mentioned:__"the election being by a definite body on a day of which, till summons, the electors had no notice, they were all entitled to be specially summoned, and, if there was any omission to summon any one of them, unless they all happened to be present er unless those not summoned were beyond summoning distance- as, for instance, abroad-there could not be a good elect- oral assembly: and even a unanimous election by those who did attend would be void. "

( 52 ) THESE observations no doubt related to elections and it w

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